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2022 Supreme(Del) 1789

MUKTA GUPTA, ANISH DAYAL
Ved Yadav – Appellant
Versus
State – Respondent


Advocates appeared:
Mr. Siddharth Yadav and Mr. Akshay Pundir, Advocates., for the Appellant; Mr. Prithu Garg, APP with SI Madhav, PS Badli., for the State

JUDGMENT

Anish Dayal, J. - This appeal assails the impugned judgment dated 11th October, 2019 passed by the learned Trial Court convicting the appellant for offences punishable under Sections 302 and 324 IPC, and order on sentence dated 11th October, 2019 awarding sentence of imprisonment for life for offence punishable under Section 302 IPC and a fine of Rs.100/- (simple imprisonment for seven days in default of payment of fine) and a fine of Rs.1,000/- for offence punishable under Section 324 IPC (simple imprisonment for one month in default of payment of fine).

The Incident

2. As per the case of the prosecution on 14th November, 2012 at about 07:00 p.m., Rajender Yadav, Kishan, Dinesh Kumar and Ajit were present in village Siraspur where Dinesh wanted to purchase a charpai. All of them were proceeding on a rickshaw-thela plied by PW-3 Rajender Yadav towards Samaypur. At about 07:30 p.m., when they were passing through Samaypur market and reached in front of a shop of Garg J.K. Cement on Bawana road, four boys came on a motorcycle and hit the rickshaw. Due to this accident, the paddle of the rickshaw and the mudguard of the motorcycle broke. Upon which the boys who were on the motor

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